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SDCM71-323: Expert Witness and Dispute Resolution


Project participants need to understand the legal context within which they make decisions and perform actions, as frequently disputes can arise that require resolution and/or expert opinion. Project quality and environmental management provide a convenient instance where disputes and the need for expert testimony can arise, and are examined here in the context of project closure, including lessons learnt, standards, continuous improvement and client satisfaction. A general appreciation of international legal principles informed by case law forms an important backdrop to the subject. Practitioners must understand the limitations of their involvement in legal proceedings and be familiar with the conduct of procedures that commonly take place, including alternative dispute resolution such as arbitration and mediation. A moot court environment is used to demonstrate the experience of appearing in a formal hearing, and students are asked to also prepare or critique an expert report related to an example of ‘defective’ work or service that is the subject of a contractual dispute.

Subject details

FacultyFaculty of Society & Design
Semesters offered
  • January 2019 [Non-Standard Offering]
  • May 2019 [Non-Standard Offering - Weeks 4 & 9]
  • May 2019 [Non-Standard Offering - Weeks 5 & 10]
  • September 2019 [Non-Standard Offering]
  • May 2020 [Non-Standard Offering]
Study areas
  • Architecture and Built Environment
Subject fees
  • Commencing in 2019: $4,960
  • Commencing in 2020: $5,140

Learning outcomes

1. Show competency in project quality and environmental management.
2. Explore continuous process improvement strategies for avoiding disputes.
3. Specify quality and/or environmental standards in a contractual setting.
4. Prepare or critique an expert report based on a dispute over standards.
5. Demonstrate an understanding of legal recourse to conflict on projects.

Enrolment requirements

Requisites: ?


Restrictions: ?

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Subject outlines

Subject dates

Non-Standard Offering - Weeks 4 & 9Non-Standard Offering - Weeks 5 & 10
Enrolment opens18/03/201818/03/2018
Semester start14/05/201814/05/2018
Subject start04/06/201811/06/2018
Cancellation 1?16/06/201822/06/2018
Cancellation 2?19/06/201824/06/2018
Last enrolment14/06/201820/06/2018
Last withdrawal?26/06/201801/07/2018
Teaching census?26/06/201801/07/2018
Non-Standard Offering - Weeks 4 & 9Non-Standard Offering - Weeks 5 & 10
Enrolment opens15/07/201815/07/2018
Semester start10/09/201810/09/2018
Subject start01/10/201808/10/2018
Cancellation 1?13/10/201819/10/2018
Cancellation 2?16/10/201821/10/2018
Last enrolment24/09/201801/10/2018
Last withdrawal?23/10/201828/10/2018
Teaching census?23/10/201828/10/2018
Non-Standard Offering
Enrolment opens11/11/2018
Semester start14/01/2019
Subject start04/02/2019
Cancellation 1?14/02/2019
Cancellation 2?16/02/2019
Last enrolment12/02/2019
Last withdrawal?22/02/2019
Teaching census?22/02/2019